Section 2-1.7. Presumption of death from absence; effect of exposure to  


Latest version.
  • specific peril
        (a) A person who is absent for a continuous  period  of  three  years,
      during  which,  after  diligent  search,  he or she has not been seen or
      heard of or from, and whose  absence  is  not  satisfactorily  explained
      shall be presumed, in any action or proceeding involving any property of
      such  person,  contractual or property rights contingent upon his or her
      death or the administration of his or her estate,  to  have  died  three
      years  after  the  date  such  unexplained absence commenced, or on such
      earlier date as clear and convincing evidence establishes  is  the  most
      probable date of death.
        (b) The fact that such person was exposed to a specific peril of death
      may  be  a  sufficient  basis  for  determining  at  any time after such
      exposure that he or she died less than three years after the date his or
      her absence commenced.
        (c) The three-year period provided herein shall not apply in any  case
      in which a different period has been prescribed by statute.